Wrong representation in court
08-Apr-2023 (In Civil Law)
What does the Law say if one misleads the court.
The law says one should come with clean hands to court and if the court finds that it is mislead then the court has power to dismiss the as application, petition or suit by imposing heavy costs. So bring the facts before the court and get the relief.
Section 52 of the Act is a criminal provision. It prohibits knowingly or recklessly making, or permitting the making of, a representation to the public, in any form whatever, that is false or misleading in a material respect. Under this provision, it is not necessary to demonstrate that any person was deceived or misled; that any member of the public to whom the representation was made was within Canada; or that the representation was made in a place to which the public had access. Subsection 52(4) directs that the general impression conveyed by a representation, as well as its literal meaning, be taken into account when determining whether or not the representation is false or misleading in a material respect.Any person who contravenes section 52 is guilty of an offence and liable to a fine of up to $200,000 and/or imprisonment up to one year on summary conviction, or to fines in the discretion of the court and/or imprisonment up to 14 years upon indictment.
It is the law of the land that one shall make statement, which he/she know that it is true and he/she believes to be true and it is not false. If any one knowing fully well that the statement, which he makes is not true or false and thereby obtains or try to obtain some order or favour, it amounts misleading the court or authority. It is punishable under the Indian Penal Code as well may be construed as contempt of court. Good Luck.
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